Kin Crypto Challenge Official Rules – (the “Official Rules”)

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Name:  Kin Crypto Challenge (the “Hackathon”)

Website: http://kinchallenge.Devpost.com (the “Hackathon Website”)

 

1. POSTER & ADMINISTRATOR

Poster (the “Poster”): Kin Foundation or its agents, c/o 137 Glasgow Street, Suite 525, Kitchener, Ontario, N2G 4X8, Canada

The Poster is the sponsor of the Hackathon and will be responsible for all prize fulfillment.

Administrator (the “Administrator”): Devpost, Inc. (“Devpost”), 222 Broadway, 19th Floor, New York, NY 10038.

Devpost, the Administrator, will be the official timekeeper for the Hackathon.

 

2. DATES AND TIMING

Submission Period: August 14, 2019 (10:00am Eastern Time, USA) – October 14, 2019 (5:00pm Eastern Time, USA) (the “Submission Period”)

Judging: October 17, 2019 (10:00am Eastern Time, USA) – October 25, 2019 (5:00pm Eastern Time, USA) (the “Submission Period”)

Public Voting: October 17, 2019 (10:00am Eastern Time, USA) – October 25, 2019 (5:00pm Eastern Time, USA) (the “Submission Period”)

Winners Announced: On or around October 30, 2019 (2:00pm Eastern Time)

IMPORTANT NOTES ON DATES, TIMING & APPLICATION TESTING:

Mobile social applications must be submitted for publication by October 14, 2019 at 5:00pm Eastern AND must be live on the Google Play or Apple App Store by October 28, 2019 to be eligible for prizes.

 

3. ELIGIBILITY

A. The Hackathon IS open to:

  • Individuals who are at least the age of majority where they reside as of the time of entry (“Eligible Individuals”).
  • Teams of Eligible Individuals (“Teams”)
  • Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry (“Organizations”)

(the above are collectively, “Makers”)

An Eligible Individual may join more than one Team or Organization and an Eligible Individual who is part of a Team or Organization may also enter the Hackathon on an individual basis.

If a Team, or Organization is entering the Hackathon, they must appoint and authorize one individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative and each team member must meet the eligibility requirements above. By entering a Submission on the Site on behalf of a Team, or Organization you represent and warrant that you are the Representative authorized to act on behalf of your Team, or Organization.

B. The Hackathon IS NOT open to:

  • Individuals who are residents of, or Organizations domiciled in, Brazil, Quebec, or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Hackathon (including, but not limited to Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control: https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx)
  • Individuals who live in a restricted area by applicable law and regulation in any country or jurisdiction, such as Hawaii, Alabama, Connecticut, New York, Vermont and Washington, will not be eligible to participate. The Kin Foundation reserves the right, at any time, to exclude Individuals from jurisdictions where receipt of Kin or participation in the Kin Developer Program is or becomes during the period of the Kin Developer Program, illegal and/or in violation of applicable law.
  • Organizations involved with the design, production, paid promotion, execution, or distribution of the Hackathon, including the Poster and Administrator (“Promotion Entities”)
  • Employees, representatives and agents** of Promotion Entities and all members of their immediate family or household*
  • Any other individual involved with the design, production, promotion, execution, or distribution of the Hackathon, and each member of their immediate family or household*
  • Any Judge (defined below), or company or individual that employs a Judge
  • Any parent company, subsidiary, or other affiliate*** of any organization described above
  • Any other individual or organization whose participation in the Hackathon would create, in the sole discretion of the Poster and/or Administrator, a real or apparent conflict of interest 

*The members of an individual’s immediate family include the individual’s spouse, children and stepchildren, parents and step-parents, and siblings and step siblings. The members of an individual’s household include any other person that shares the same residence as the individual for at least three (3) months out of the year.

**Agents include individuals or organizations that in creating a Submission to the Hackathon, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.

***An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.

 

4. SUBMISSION REQUIREMENTS

Makers must do the following to participate in the Hackathon:

  • Register for the Hackathon on the Hackathon Website by clicking the “Register for this Hackathon” button. To complete registration, sign up to create a Devpost account, or log in with an existing Devpost account. There is no charge for creating a Devpost account. This will enable you to receive important updates and access the “Enter a Submission” page.
  • NOTE: All Makers are limited to submitting one submission.
  • Create a video that includes footage that clearly explains your App’s features and functionality through a comprehensive demonstration on a mobile device or simulator.
  • To be eligible, your App must be live on the Google Play or Apple App store by October 28, 2019.

A. Language Requirements

  • All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the demonstration video, text description, and testing instructions as well as all other materials submitted.

B. Application Requirements

1. What to Create: Makers must integrate the Kin SDK into a mobile social application that allows user-to-user earning and spending of Kin.

a. All applications need at least one social feature using Kin (i.e. leaderboard, tipping, group challenge, etc.)

NOTE: All eligible entries must be submitted for publication by October 14, 2019 at 5:00pm ET to the Google Play or Apple App Store and must be live in the store by October 28, 2019. 

At any time, and at its sole discretion, the Poster will have the ability to re-assign a submitted submission from one Category to another or to disqualify a submission for not sufficiently fitting the main requirement.

iii. Functionality: The App must be functioning and submitted for relevant testing prior to the end of the Submission Period. If the application is in beta, the Maker must provide a link to the app through a test site. The App must be publicly available in the relevant app store by October 28, 2019. The App must function as depicted in the video and/or expressed in any other Submission materials.

Note: Kin Foundation does not take any responsibility on a Google Play or Apple Store decision not to accept an App nor on any subsequent decision to remove an App from Google Play or Apple Store. Participants are encouraged to read carefully the rules, guidelines and policies of Google Play and/or Apple Store to avoid rejections or ejections. In the event that as a result of one (or multiple) rejections by the applicable App store the App is not available on either the Google Play or Apple Store, then Kin Foundation, in its sole discretion, will decide on a case by case basis whether or not to disqualify an App. In order to make its decision, the Participant will make available to Kin Foundation all relevant correspondence with the applicable App store.

iv. New and Existing Applications: Apps may be either newly created or updated by the Maker after the start of the Submission Period. Makers entering Apps that existed prior to the start of the Submission Period will be required to explain how their App has been updated during the Submission Period. NOTE: Makers that have taken part in a previous Kin Developer Program or Kin Gaming Challenge are not eligible to be awarded a Mini Challenges prize, unless they forfeit the previous program. See Section 7 for further details.

v. Multiple Submissions: A Maker may submit only one Submission.

vi. SDKs, APIs, & Data: Applications may integrate SDKs, APIs and data, provided the Maker has the rights to use them.

vii. Intellectual Property: Your Submission must: (a) be your (or your Team, or Organization’s) original work product; (b) be solely owned by you, your Team, or your Organization with no other person or entity having any right or interest in it; (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity; and (d) comply with the Developer Agreement and all terms, rules and policies that Poster or its affiliates make available regarding submission of Applications. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker’s work product and the result of the Maker’s ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of open source software or hardware, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Hackathon you represent, warrant, and agree that your Submission meets these requirements.

viii. Financial or Preferential Support: Application must not have been developed, or derived from an application developed, with financial or preferential support from the Poster or Administrator. Such applications include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Poster or Administrator any time prior to the end of Submission Period. This includes applications that have been funded or co-developed by Kin, including Applications that earn money through licensing. The Administrator, at their sole discretion, may disqualify a Submission, if awarding a prize to the Submission or Maker would create a real or apparent conflict of interest.

ix. Applications Provided Free of Charge: Apps must be provided free of charge until the winners of the Hackathon have been announced.

 

C. Text Description, Image, and Video Requirements

i. Text Description: The text description should explain the features and functionality of your App.

ii. Images: Images or screenshots are optional.

iii. Video: The video portion of the Submission:

  1. should be less than three (3) minutes;
  2. must include footage that clearly explains the App’s features, functionality, and how the end users earn and spends Kin in a social way through a comprehensive demonstration;
  3. must be uploaded to YouTube, Facebook Video, Vimeo, or Youku and be made public, and a link to the video must be provided on the submission form on the Hackathon Website; and
  4. must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material;
  5. must not infringe on any third party’s intellectual property, including featuring names and images of people without their permission.

 

D. Submission Modifications

i. Draft Submissions: Prior to the end of the Submission Period, you may save draft versions of your Submission on Devpost to your portfolio before submitting the Submission materials to the Hackathon for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission, but you may continue to update the project in your Devpost portfolio.

ii. Modifications after the Submission Period. The Poster may permit you to modify part of your Submission after the Submission Period for the purpose of acquiring additional consent forms, or removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what the Poster permits.

5. SUBMISSION RIGHTS

i. Maker Rights: Subject to the licenses described below and granted in the Developer Agreement, any applicable intellectual property rights to a Submission will remain with the Maker.

ii. Administrator and Poster Rights: By entering the Hackathon, you grant to the Poster, Administrator, and any other third parties acting on the Poster’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Poster’s, Administrator’s, and partners’ websites and applications, including the Hackathon Website, and display and promotion of the Submission in any other media, worldwide.

iii. Submission Display: The following Submission components may be displayed to the public: name, description, images, video URL, website, team members, the Submission category and platform, and submitter type. Other Submission materials may be viewed by the Poster, Administrator, and Judges for screening and evaluation.

iv. Representations and Warranties: Makers represent and warrant that the Poster, Administrator, and Hackathon partners are free to use Makers’ Submission in the manner described above, as provided or as modified by the Administrator, without obtaining permission or license from any third party and without any compensation to Makers.

 

6. JUDGING

i. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Poster (the “Judges”). Judges may be employees of the Poster or external, may or may not be listed individually on the Hackathon Website, and may change before or during the Judging Period.

a. Originality: Is Kin used in a creative way that will increase user retention and engagement?

b. Implementation of Peer-to-Peer Experience: Is there a simple and intuitive way to use Kin in a peer-to-peer transaction?

c. Stickiness: Does it have lasting appeal? Is it addictive? Would you use it again?

d. Polish: Is the app ready for prime time?

e. Usability: Is it easy to use with minimal explanations? Is it intuitive?

(The above are collectively the “Judging Criteria”).

The Judging Criteria above may not apply to every Prize. See Section 7 below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

iii. Submission Review: Judges are not required to test the application and may choose to judge based solely on the text description, images and video provided in the Submission.

iv. Tie Breaker: For each Prize listed in Section 7 below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions’ scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.

 

7. PRIZES

Winner

Prize

Quantity

Applicable Judging Criteria

Grand Prize

  • $25,000 USD
  • $2k value marketing package

1

a, b, c, d, e

Second Place

  • $15,000 USD
  • $2k value marketing package

1

a, b, c, d, e

Third Place

  • 10,000 USD
  • $2k value marketing package

1

a, b, c, d, e

Best Improved App

  • $10,000 USD

1

a, b, c, d, e

People’s Choice*

  • 5,000 USD

1

Determined by public vote

Honorable Mentions

  • $1,000 USD

5

a, b, c, d, e

Early Submission

  • 1,000 USD

5

First 5 Eligible Submissions

Mini Challenges**

  • Up to 300M Kin

100

First 100 Participants

 

*Please review the Devpost Terms of Service at https://info.devpost.com/hackathon_terms for public voting rules.

**Participants are able to earn Kin by achieving Mini Challenges ("Mini Challenge(s)"). In order to successfully achieve a Mini Challenge between August 14, 2019 and October 28, 2019 ("Submission Period"), Eligible Participants will:

a. notify Kin Foundation upon completion of a Mini Challenge on https://kinchallenge.devpost.com/details/minichallenges. The first 100 eligible participants who complete the signup form will be admitted.

b. during the Submission Period, achieve one (1) particular Mini Challenge (as set out by the Poster and in no specified order, but limited to one (1) completion for each Mini Challenge. Eligible participants can only receive Kin once for each Mini Challenge);

NOTE: If an Eligible Participant has taken part in a previoius Kin Developer Program or Kin Gaming Challenge they are not eligible to earn additional Kin as a result of achieving a Mini Challenge, unless they forfeit the previous program.

c. will receive, from Kin Foundation an issuance of Kin as set out by the Mini Challenge level to the Participant’s public wallet address.

Kin Foundation reserves the right to revise the Mini Challenges and/or define other success criteria for the Mini Challenges.

IMPORTANT NOTE ON MULTIPLE PRIZE ELIGIBILITY:

The same eligible submission may win the Mini Challenges, Early Submission and ONE of these stated prizes: Grand Prize, Second Place, Third Place, Best Improved App, or People’s Choice.

The same eligible submission may NOT win more than one of these stated prizes: Grand Prize, Second Place, Third Place, Best Improved App, or People’s Choice.

 

9. VERIFICATION OF POTENTIAL WINNERS

A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. No submission or submitter shall be deemed a winning submission or winner until their post-Hackathon prize affidavits have been completed and verified, even if prospective winners have been announced verbally or on the Hackathon website. The final decision to designate a winner shall be made by the Poster and/or Administrator.

B. Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission (the submitter is the “Representative” in the case of a Team or Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a Team or Organization) will be required to sign and return to the Poster, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).

C. Deadline for Returning Required Forms: Ten (10) business days after the Required Forms are sent.

iii. Disqualification: The Administrator or Poster may deem a potential winner (or participating team members) ineligible to win if:

  • the potential winner’s Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;
  • the Prize or Prize notification is returned as undeliverable; or
  • the Submission or the potential winner, or any member of a potential winner’s Team or Organization, is disqualified for any other reason.

 In the event of a disqualification, the Administrator or Poster may award the applicable Prize to an alternate potential winner.

 

10. PRIZE DISTRIBUTION

i. Substitutions & Changes: The Poster has the right to make a Prize substitution of equivalent or greater value. The Poster will not award a Prize if there are no eligible Submissions entered in the Hackathon, or if there are no eligible Makers or Submissions for a specific Prize.

ii. Prize Delivery: Prizes will be payable by Poster to the Maker, if an individual, to the Maker’s Representative, if a Team, or to the Organization, if the Maker is an Organization. It will be the responsibility of the winning Maker’s Representative to allocate the Prize among their Team or Organization’s participating members, as the Representative deems appropriate.

Prizes are payable via any means of the Poster’s choosing, whether electronic or not, and are payable only after receipt of the Required Forms. A winning Maker may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of the Poster’s choosing in order to receive payment.

NOTE: Kin is subject to a high degree of risk, volatility and illiquidity. Participants should make their own investigations and evaluations of Kin that will be delivered pursuant thereto. Participants should inform themselves as to the legal requirements applicable to them in respect of the acquisition, holding and disposition of Kin and Kin upon delivery, and as to the income and other tax consequences to them of such acquisition, holding and disposition.

Failure to provide correct information on the Required Forms, or other correct information required for the delivery of a Prize, may result in delayed Prize delivery, disqualification or the Maker, or forfeiture of a Prize.

NOTE: Mini Challenges Prizes will be distributed by the Kin Foundation by depositing the amount of earned Kin into the Maker’s crypto wallet.

Administrator (Devpost, Inc.) is in no way responsible for prize fulfillment, and is in no way responsible for any change in the underlying value or existence of the digital currency Kin for any reason, including government or legal mandate.

iii. Prize Delivery Timeframe: Within 45 days of the Poster’s receipt of the Required Forms. Prizes for any potential winner under the age of the majority in their country of residence will be fulfilled to the potential winner’s parent or legal guardian.

iv. Fees & Taxes: Winners (and in the case of Team or Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of Team or Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Poster reserves the right to withhold a portion of the prize amount to comply with the tax laws of the United States or other Poster jurisdiction, or those of a winner’s jurisdiction.

 

11. ENTRY CONDITIONS AND RELEASE

i. By entering the Hackathon, you (and, if you are entering on behalf of a Team or Organization, each participating member) agree(s) to the following:

  1. 1. The relationship between you, the Maker, and the Poster and Administrator, is not a confidential, fiduciary, or other special relationship.
  2. 2. You will be bound by and comply with these Official Rules and the decisions of the Poster, Administrator, and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.
  3. 3. You release, indemnify, defend and hold harmless the Poster, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker’s entry, creation of Submission or entry of a Submission, participation in the Hackathon, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.

ii. Without limiting the foregoing, the Released Parties shall have no liability in connection with:

  1. any incorrect or inaccurate information, whether caused by the Poster or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon;
  2. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Hackathon Website;
  3. unauthorized human intervention in any part of the entry process or the Hackathon;
  4. technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or
  5. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker’s participation in the Hackathon or receipt or use or misuse of any Prize.

The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Poster or Administrator.

If for any reason any Maker’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Administrator.

 

12. PUBLICITY

By participating in the Hackathon you consent to the use of personal information about you, if you are a winner, by the Poster, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.

The duration of your consent is for a period of three years following the conclusion of the Hackathon. This consent applies, as applicable, to all members a Maker’s Team or Organization that participated in the winning Submission.

 

13. GENERAL CONDITIONS

  1. Poster and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
  2. Poster and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Hackathon or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Hackathon, or a violation of any applicable law or regulation.
  3. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law. Should Poster or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
  4. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including but not limited to the Submission form, Hackathon Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
  5. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, the Poster and the Administrator. The Administrator will post the terms and conditions of the amended Official Rules on the Hackathon Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
  6. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
  7. The Poster or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Poster’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
  8. Excluding Submissions, all intellectual property related to this Hackathon, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Poster and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Poster or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

 

9. LIMITATIONS OF LIABILITY

By entering, all Makers (including, in the case of a Team or Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker’s participation in the Hackathon. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.

 

15. DISPUTES

i. Except where prohibited by law, as a condition of participating in this Hackathon, Maker agrees that:

  1. any and all disputes and causes of action arising out of or connected with this Hackathon, or any Prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant;
  2. the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and
  3. judgment upon such arbitration award may be entered in any court having jurisdiction.

ii. Under no circumstances will Maker be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Hackathon), and Maker further waives all rights to have damages multiplied or increased.

iii. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Maker, Administrator and Poster in connection with this Hackathon, shall be governed by, and construed in accordance with, the substantive laws of the province of Ontario and the federal laws of Canada applicable therein, without effect to any conflicts of laws principles that require the application of the laws of another jurisdiction.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

16. ADDITIONAL TERMS THAT ARE PART OF THE OFFICIAL RULES

Please review the Devpost Terms of Service at https://info.devpost.com/hackathon_terms for additional rules that apply to your participation in the Hackathon and more generally your use of the Hackathon Website. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Hackathon only.

Participation in the Hackathon constitutes Maker’s full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Hackathon that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Poster and/or Administrator.

The Administrator collects personal information from you when you enter the Hackathon. The information collected is subject to the privacy policy located here: https://info.devpost.com/privacy.

17. CONTACT

If you have any questions or comment, or wish to send us any notice regarding this Hackathon, please email us at Support@Devpost.com.